► The purpose of the study was to develop a Cultural Analysis Tool (CAT). The CAT consists of specific thematic questions that can serve as a…
(more)

▼ The purpose of the study was to develop a Cultural Analysis Tool (CAT). The CAT consists of specific thematic questions that can serve as a cultural and equity analysis instrument for practitioners to use in the implementation of Ontario’s civil mental health laws. The rationale behind creating the CAT is based on research suggesting that ethno-racial people with mental health disabilities experience inequities and differential outcomes while interacting with Ontario’s civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools for mental health legislation include the United Kingdom and Australia. Such a tool does not exist in Canada, let alone in Ontario specifically. This study contributes to a better understanding of how equitable outcomes for ethno-racial people with mental health disabilities interacting with Ontario’s civil mental health laws can be achieved.
I developed the CAT through an iterative process involving a comprehensive review of the literature and qualitative data drawn from thirty-five semi-structured interviews with seven members of each of the following groups: (1) ethno-racial people with mental health disabilities including in-patients and ex-patients, (2) lawyers who practice in the area of mental health law, (3) health care professionals including psychiatrists, nurses and social workers, (4) service providers such as front-line case workers at mental health agencies and (5) adjudicators, government advisors and academics. I analyzed the data using the grounded theory approach, symbolic interactionism, tenets of the theoretical framework and an analysis of the jurisprudence, legislation, international laws and literature on the existing tools used for mental health legislation. After developing a draft version of the CAT, I refined the CAT’s questions through an expert review (involving the qualitative technique of member-checking) using three focus groups of 1) ethno-racial people with mental health disabilities, 2) mental health lawyers and service providers and 3) health care professionals. Lastly, in order to develop the final version of the CAT, I analyzed and contextualized the results that emerged from the interviews through primary and secondary sources and the focus group data.
Advisors/Committee Members: Mykitiuk, Roxanne (advisor).

► This thesis examines law and policy relating to defendants and offenders with mental health problems and intellectual disability. It is a comparative study of diversion…
(more)

▼ This thesis examines law and policy relating to defendants and offenders with mental health problems and intellectual disability. It is a comparative study of diversion in Ireland, England and Wales, Northern Ireland, Scotland and Australia. It explores the reasons why Ireland never developed formal diversion provisions, processes and initiatives equivalent to those developed in other common law jurisdictions. The thesis also considers the implications of the UN Convention on the Rights of Persons with Disabilities for mental health legislation, the insanity defence and similar defences in criminal law and for diversion practice. The thesis reviews the literature on diversion with a view to identifying best practice and models that can be used in Ireland to respond to the over-representation of persons with mental health problems in the Irish prison population. The deinstitutionalisation movement has increased visibility of persons with ID in the community, which means that anti-social or criminal conduct is also more visible, and is increasingly being dealt with in the criminal justice system. This thesis explores the relevant law and policy responding to defendants and offenders with intellectual disability in contact with the criminal justice system from a human rights perspective.
Advisors/Committee Members: Keys, Mary (advisor).

O'Mahony, C. (2013). Diversion: A comparative study of law and policy relating to defendants and offenders with mental health problems and intellectual disability
. (Thesis). National University of Ireland – Galway. Retrieved from http://hdl.handle.net/10379/4481

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

O'Mahony, Charles. “Diversion: A comparative study of law and policy relating to defendants and offenders with mental health problems and intellectual disability
.” 2013. Thesis, National University of Ireland – Galway. Accessed June 07, 2020.
http://hdl.handle.net/10379/4481.

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

O'Mahony C. Diversion: A comparative study of law and policy relating to defendants and offenders with mental health problems and intellectual disability
. [Internet] [Thesis]. National University of Ireland – Galway; 2013. [cited 2020 Jun 07].
Available from: http://hdl.handle.net/10379/4481.

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

O'Mahony C. Diversion: A comparative study of law and policy relating to defendants and offenders with mental health problems and intellectual disability
. [Thesis]. National University of Ireland – Galway; 2013. Available from: http://hdl.handle.net/10379/4481

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

3.
Parlopiano, Brandon.
Madmen and Lawyers: The Development and Practice of the Jurisprudence of Insanity in the Middle Ages.

Degree awarded: Ph.D. Medieval and Byzantine Studies. The Catholic University of America

The twelfth century witnessed a renaissance of the scientific study of law in…
(more)

▼

Degree awarded: Ph.D. Medieval and Byzantine Studies. The Catholic University of America

The twelfth century witnessed a renaissance of the scientific study of law in Western Europe. Students flocked to the nascent universities to study the canon law of the Church as well as ancient Roman jurisprudence. These two bodies of law and the layers of commentary that built up around them formed the ius commune, the common legal culture and jurisprudence that thrived in Europe for centuries. Scholars have long noted the importance of the ius commune in discussions of political authority, ecclesiology, and rights, as well as a myriad of other legal issues, but the jurists of the ius commune also possessed a sophisticated reflection on the problems raised by insanity in law. As medievalists begin to examine the cultural meanings and social realities of disability and madness, it is particularly important to understand the ways in which jurists conceived of the relation between the insane and society. Using the glosses, lectures, and commentaries of the ius commune, this dissertation pursues the figure of the furiosus, the insane person, across multiple areas of jurisprudence from the twelfth to the sixteenth centuries. It examines important questions that still plague jurists today. How can one prove insanity in court? To what extent are the insane criminally responsible? What rights do the insane possess while under guardianship? Can the insane consent or possess agency in any way? By answering these questions, this dissertation will show that the medieval jurisprudence concerning insanity was sophisticated, diverse, and responsive to contemporary needs. In order to test the ideas of the jurists against a more practically oriented source base, this dissertation also examines a number of fourteenth-century cases involving insanity found in the Archivio di Stato of Venice. Ultimately, this research shows that the insane were not a simple marginal group during the Middle Ages, but one integrated into the larger social world. It also illustrates the importance of jurisprudence for further studies of disability and marginality.

Parlopiano, B. (2013). Madmen and Lawyers: The Development and Practice of the Jurisprudence of Insanity in the Middle Ages. (Doctoral Dissertation). The Catholic University of America. Retrieved from http://hdl.handle.net/1961/14894

Chicago Manual of Style (16th Edition):

Parlopiano, Brandon. “Madmen and Lawyers: The Development and Practice of the Jurisprudence of Insanity in the Middle Ages.” 2013. Doctoral Dissertation, The Catholic University of America. Accessed June 07, 2020.
http://hdl.handle.net/1961/14894.

MLA Handbook (7th Edition):

Parlopiano, Brandon. “Madmen and Lawyers: The Development and Practice of the Jurisprudence of Insanity in the Middle Ages.” 2013. Web. 07 Jun 2020.

Vancouver:

Parlopiano B. Madmen and Lawyers: The Development and Practice of the Jurisprudence of Insanity in the Middle Ages. [Internet] [Doctoral dissertation]. The Catholic University of America; 2013. [cited 2020 Jun 07].
Available from: http://hdl.handle.net/1961/14894.

Council of Science Editors:

Parlopiano B. Madmen and Lawyers: The Development and Practice of the Jurisprudence of Insanity in the Middle Ages. [Doctoral Dissertation]. The Catholic University of America; 2013. Available from: http://hdl.handle.net/1961/14894

National University of Ireland – Galway

4.
Chen, Bo.
Rethinking China’s mental health law reform: Treatment decision-making and the UN Convention on the Rights of Persons with Disabilities
.

► This thesis explores China’s mental health law reform regarding treatment decision-making in the new era of the UN Convention on the Rights of Persons with…
(more)

▼ This thesis explores China’s mental health law reform regarding treatment decision-making in the new era of the UN Convention on the Rights of Persons with Disabilities (CRPD). It adopts a socio-legal approach, not only by undertaking a comprehensive desk-based analysis of the reforms introduced by China’s Mental Health Law (MHL) but also examining its implementation based on evidence from practice. The thesis seeks to answer the research question: does China’s first national MHL take a step closer to the requirements of the UN Convention on the Rights of Persons with Disabilities on mental health treatment decision-making? If not, why not?
The thesis addresses the CRPD and the relevant authoritative interpretations that require States Parties to abolish mental health detention and involuntary treatment. States Parties are obliged to provide non-coercive supports under which persons with mental health issues are supported to consent to or refuse mental health treatment. This thesis also engages with the criticisms of this approach and finds the consensus from the debate, as a basis of assessing whether the MHL takes a step closer to the CRPD requirements. However, it is not intended to challenge the interpretation of the CRPD Committee. After providing a contextual background of the mental health services and legal system in China, the thesis then outlines a comprehensive study of the current normative framework for mental health treatment decision-making under the MHL. Compared to the seven municipal mental health regulations and two drafts that operated before the MHL’s enactment, the thesis argues that the MHL has taken a step closer to maximising service users’ decision-making rights in respect of treatment. However, the qualitative interviews and an analysis of the courts’ judgments undertaken as part of this thesis suggest this change introduced by the MHL has not been translated into practice. Family members and psychiatrists share the authority in deciding detention and involuntary treatment; whilst the voices of service users may be silenced. This thesis suggests that inadequate implementation of the progressive law reform is a result of several institutional factors: the remaining power imbalance between psychiatrists and service users, the central role played by family members’ in exercising rights and responsibilities under the MHL, and the barriers that restrict service users’ access to justice through the courts.
Advisors/Committee Members: O'Mahony, Charles (advisor), Keys, Mary (advisor).

Chen, B. (2019). Rethinking China’s mental health law reform: Treatment decision-making and the UN Convention on the Rights of Persons with Disabilities
. (Thesis). National University of Ireland – Galway. Retrieved from http://hdl.handle.net/10379/15531

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Chen, Bo. “Rethinking China’s mental health law reform: Treatment decision-making and the UN Convention on the Rights of Persons with Disabilities
.” 2019. Thesis, National University of Ireland – Galway. Accessed June 07, 2020.
http://hdl.handle.net/10379/15531.

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Chen B. Rethinking China’s mental health law reform: Treatment decision-making and the UN Convention on the Rights of Persons with Disabilities
. [Thesis]. National University of Ireland – Galway; 2019. Available from: http://hdl.handle.net/10379/15531

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

5.
Pritchard-Jones, Laura Gwynne.
Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of MentalDisabilityLaw and
Theory.

Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon.…
(more)

▼

Old age – and particularly the increasing numbers
of older people globally and within the United Kingdom - is
becoming a social and political phenomenon. Yet despite this, very
little has been written on how the law – and especially mentaldisabilitylaw – intersects with old age. This is notwithstanding
the fact that many older people may encounter conditions that
impact their mental or cognitive abilities, and proportionally, may
therefore be greatly affected by this area of law.By drawing on a
number of theories – sometimes termed ‘relational’ theories – which
are derived predominantly from feminist theory, this thesis seeks
to explore the adequacy of mentaldisabilitylaw for safeguarding
health and welfare-related decision-making of older adults in three
areas; where an older person has been subjected to ageism, where
they have been the victim of interpersonal abuse, and where they
have dementia and may lack mental capacity. Within this broader
goal, this thesis has two specific aims. First, to explicitly
critique and challenge the adequacy of the law as it is applied in
these circumstances. It is suggested in particular that a deeper
analysis of the law in both its previous and current forms betrays
the liberal and unduly individualistic roots of the legislative
framework. These are roots that are predicated on non-interference,
and an idealistic paradigm of the rational, autonomous, and healthy
bodied individual. This – it is contended throughout – is an
unsuitable philosophy to underpin the law, particularly where the
law engages with older adults.Second, this thesis aims to navigate
a more suitable pathway within the law as it currently exists.
While operating as a tool to critique the legislative framework and
its underpinning philosophy, it is argued that the theories drawn
upon throughout the thesis also have the potential to highlight how
the law could be implemented in such a way so as to emphasise the
importance of the realities of the lived experiences of old age,
and particularly the experience of ageism, abuse, and dementia.
Crucially, it is also suggested that such theories can help the law
pay greater attention to the complex web of relationships – both
positive and negative; personal and societal – that an older person
may find themselves embedded within, and that frequently take on an
added significance in old age.

"This Man with Dementia" - 'Othering' the Person
with Dementia in the Court of Protection. This is a journal paper
that is part of the thesis that is currently in press with the
Medical Law Review.

Pritchard-Jones, L. G. (2016). Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory. (Doctoral Dissertation). University of Manchester. Retrieved from http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793

Chicago Manual of Style (16th Edition):

Pritchard-Jones, Laura Gwynne. “Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory.” 2016. Doctoral Dissertation, University of Manchester. Accessed June 07, 2020.
http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793.

Pritchard-Jones LG. Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory. [Internet] [Doctoral dissertation]. University of Manchester; 2016. [cited 2020 Jun 07].
Available from: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793.

Council of Science Editors:

Pritchard-Jones LG. Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory. [Doctoral Dissertation]. University of Manchester; 2016. Available from: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793

► Even though persons with disabilities have had their rights ensconced in the Canadian Charter of Rights and Freedoms, they continue to be neglected, ignored, and…
(more)

▼ Even though persons with disabilities have had their rights ensconced in the Canadian Charter of Rights and Freedoms, they continue to be neglected, ignored, and mistreated. Persons with disabilities comprise one of the largest minority groups in Canada, yet Canadians’ attitudes toward disability oscillate between what Michael Prince calls “pride and prejudice” (Absent Citizens 32)—that is, between progressive and discriminatory perceptions. These attitudes prompt a few questions: why is disability such a problem in Canada? Why is it riddled with uncertainty? How do we deal with this uncertainty?
To help answer these questions, this study analyzes seven Canadian novels published between 1984 and 2007 with the intent of exploring how they represent disability. The novels are Timothy Findley’s Not Wanted on the Voyage, Guy Vanderhaeghe’s The Englishman’s Boy, Ann-Marie MacDonald’s Fall on Your Knees, Lynn Coady’s Strange Heaven, Rohinton Mistry’s Family Matters, Frances Itani’s Deafening, and Arley McNeney’s Post. Two key arguments arise from these novels: one, disability may be thought of as an identity rather than a stigmatized condition; and two, normalcy in Canada is not fixed, but fluid.
I begin with Mistry’s novel, then proceed chronologically. While Mistry’s novel conveys the tragic consequences of a rigidly defined conception of normalcy, it does not quite present a progressive portrait of disability. Mistry’s depiction of Nariman Vakeel is a stereotypical example of the way disability is portrayed in fiction; in this manner, it serves as a foil to the novels that follow. Findley’s novel, a parody of the biblical flood, allegorizes the German and Canadian eugenics movements along with the ambivalent attitudes that Canadians appear to harbour toward disabled people. Noah, the novel’s cruel despotic figure, serves as an allegorical stand-in for German and Canadian eugenicists, while Mottyl the half-blind cat and the ape-children Lotte and Adam serve as stand-ins for the victims of eugenics. Vanderhaeghe’s The Englishman’s Boy presents disability within a complex and multifarious framework. Through the disabled narrator Harry Vincent, disability intersects with nationality, gender, and history; Vanderhaeghe’s portrayal of Harry, a Canadian working in Hollywood, exemplifies the fluidity of normalcy. Through his interactions with Hollywood personalities, he demonstrates that disability, nationality, masculinity, and history are all fluid concepts, as much imagined as they are socially constructed. MacDonald’s novel features another disabled narrator, Lily Piper, who reconfigures Gothic expectations surrounding the disabled body; through Lily, MacDonald challenges Gothic affirmations of corporeal normativity and offers a more fluid and empathetic model for conceiving the body in Gothic texts. In Strange Heaven, Coady demonstrates how a patriarchal society disables women; at the same time, she offers a fluid conception of mental illness. Bridget Murphy, the depressed protagonist, struggles within the Cape Breton…
Advisors/Committee Members: James-Cavan, Kathleen, Flynn, Kevin, Yoshida, Karen, Martin, Ann, Roy, Wendy.

► This thesis is an interdisciplinary theoretical and empirical analysis of the diversion of individuals with cognitive impairment from the NSW Local Court pursuant to section…
(more)

▼ This thesis is an interdisciplinary theoretical and empirical analysis of the diversion of individuals with cognitive impairment from the NSW Local Court pursuant to section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) (‘section 32’). This thesis approaches section 32 through an interdisciplinary analytical framework that has theoretical and empirical dimensions. The thesis draws on analytical tools from Foucaultian theory, critical legal and political theory and critical disability studies. The thesis’s interdisciplinary theoretical analysis of section 32 is illuminated and augmented by drawing on two sets of empirical data on section 32. The first set of empirical data is linked institutional data on the diagnostics, demographics and criminal justice pathways of a sample of 129 individuals with cognitive impairment who have received section 32 orders and have been incarcerated during their lives. The second set of empirical data is the transcripts and court file data of section 32 court matters made by a small sample of individuals with cognitive impairment. The central argument or thesis of the thesis is that section 32 enables the criminal legal regulation of individuals with cognitive impairment who are otherwise beyond such regulation because they exceed the limits of trial, conviction and sentence. This criminal legal regulation is possible, necessary and realisable because of the production of these individuals through the determination of their section 32 applications as impaired criminal legal subjects. The thesis identifies a number of effects of this regulation: section 32 furthers the criminalisation of individuals with cognitive impairment in the criminal justice system, marginalises the social, political, historical, material and institutional dimensions of the identities, circumstances and criminal justice pathways of individuals with cognitive impairment, promotes associations between cognitive impairment and deviance, risk and the need for management, and contributes to the ordering of the criminal law jurisdiction. Ultimately, while diversion and cognitive impairment sit at the margins of critical legal scholarship, the thesis’s analysis of section 32 establishes that diversion and cognitive impairment should actually be located at the core of critical and political engagements with the criminal law.
The thesis begins in Chapter One by providing an overview of the legal framework of section 32. It does this through discussing section 32’s legislative framework, and offering an overview of the history of section 32 and the current law reform issues around section 32. A detailed appreciation of section 32’s legal framework is an important foundation for the thesis’s analysis of section 32. This is because it reveals the provision’s coercive and punitive effects and the consistent increase in these dimensions over the course of section 32’s development, as well as the ever-increasing use of community disability and mental health services in relation to the administration of section 32…

► Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon.…
(more)

▼ Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon. Yet despite this, very little has been written on how the law – and especially mentaldisabilitylaw – intersects with old age. This is notwithstanding the fact that many older people may encounter conditions that impact their mental or cognitive abilities, and proportionally, may therefore be greatly affected by this area of law. By drawing on a number of theories – sometimes termed ‘relational’ theories – which are derived predominantly from feminist theory, this thesis seeks to explore the adequacy of mentaldisabilitylaw for safeguarding health and welfare-related decision-making of older adults in three areas; where an older person has been subjected to ageism, where they have been the victim of interpersonal abuse, and where they have dementia and may lack mental capacity. Within this broader goal, this thesis has two specific aims. First, to explicitly critique and challenge the adequacy of the law as it is applied in these circumstances. It is suggested in particular that a deeper analysis of the law in both its previous and current forms betrays the liberal and unduly individualistic roots of the legislative framework. These are roots that are predicated on non-interference, and an idealistic paradigm of the rational, autonomous, and healthy bodied individual. This – it is contended throughout – is an unsuitable philosophy to underpin the law, particularly where the law engages with older adults. Second, this thesis aims to navigate a more suitable pathway within the law as it currently exists. While operating as a tool to critique the legislative framework and its underpinning philosophy, it is argued that the theories drawn upon throughout the thesis also have the potential to highlight how the law could be implemented in such a way so as to emphasise the importance of the realities of the lived experiences of old age, and particularly the experience of ageism, abuse, and dementia. Crucially, it is also suggested that such theories can help the law pay greater attention to the complex web of relationships – both positive and negative; personal and societal – that an older person may find themselves embedded within, and that frequently take on an added significance in old age.

Pritchard-Jones, L. G. (2016). Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory. (Doctoral Dissertation). University of Manchester. Retrieved from https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.694322

Chicago Manual of Style (16th Edition):

Pritchard-Jones, Laura Gwynne. “Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory.” 2016. Doctoral Dissertation, University of Manchester. Accessed June 07, 2020.
https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.694322.

MLA Handbook (7th Edition):

Pritchard-Jones, Laura Gwynne. “Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory.” 2016. Web. 07 Jun 2020.

Vancouver:

Pritchard-Jones LG. Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory. [Internet] [Doctoral dissertation]. University of Manchester; 2016. [cited 2020 Jun 07].
Available from: https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.694322.

Council of Science Editors:

Pritchard-Jones LG. Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory. [Doctoral Dissertation]. University of Manchester; 2016. Available from: https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.694322

By means of a bibliographical study and in depth investigation (which has given people a chance for expression in regards to labor inclusion, whether they are Law supervisors, public agents, renowned consultants or workers with intellectual disability), it has been certain that the attitude barriers are responsible for the low numbers in hiring people who are intellectually disabled. From this point on, this research shall deal with relevant considerations regarding the need for the law interpretation in accordance with the social inclusion paradigm. Such principles have been brought to the Brazilian juridical system by the United Nations´ Convention on the Rights of Persons with Disabilities and represent a juridical means able to soften the existing problems, bringing to those employees with disabilities their due dignity.

► The influence of extra-clinical factors on "successful" and "unsuccessful" Atkins cases were examined. Sixty-two judicial opinions were included in this study, 31 successful and 31…
(more)

▼ The influence of extra-clinical factors on "successful" and "unsuccessful" Atkins cases were examined. Sixty-two judicial opinions were included in this study, 31 successful and 31 unsuccessful cases. Extra-clinical factors (e.g. Briseno Factors, activities typical of most adults, behavior in prison) served as the independent variables, and the final outcome of the hearings served as the dependent variable. The influence of Antisocial Personality Disorder on case outcome was examined. Differences in the rate of successful and unsuccessful claims as a function of the state where the case was heard was compared to state trends in the rate of executions. In addition, the rate of deficits in functional academics was also examined. Analyses indicated that opinions were not influenced by extra-clinical factors to the extent hypothesized, and a history of Antisocial Personality Disorder did not predict final case outcome. The rate of successful and unsuccessful claims did not follow state trends in the rate of execution as expected. As hypothesized, functional academics was the most often cited area of deficits in successful and unsuccessful cases. It should be noted that a number of analyses in this study contained few participants across groups, which likely contributed to non-significant findings. Additional limitations of this study and recommendations for future research are discussed. (Published By University of Alabama Libraries)
Advisors/Committee Members: Salekin, Karen L., Connors, Frances A., Switzky, Harvey N., University of Alabama. Dept. of Psychology.

The book sets out an analysis of how the law is used as a means to remove decision-making rights from people with mental health issues and people with intellectual disabilities. It explains how international law can be used to repatriate these rights.

► Terminology used to describe individuals with Intellectual Disability (ID) is confusing as numerous terms are used to describe this diagnosis. This study explored if Rosa's…
(more)

▼ Terminology used to describe individuals with
Intellectual Disability (ID) is confusing as numerous terms are
used to describe this diagnosis. This study explored if Rosa's law,
which states that "intellectual disability" should replace "mental
retardation" in federal documentation, impacted terminology
preferred by members of the National Society of Genetic Counselors
(n=310) and parents of individuals with ID from the Genetic
Alliance (n=88). Responding to on-line surveys, most genetic
counselors (66.3%) preferred ID whereas parents (40.3%) preferred
developmental delay (p<0.001). Genetic counselors chose ID as
their most preferred term, but only 30% reported awareness of
Rosa's law. Interestingly, of the 31 parents who reported awareness
of Rosa's law, only 13% preferred ID. No correlation between
awareness of Rosa's law and preferred terminology was found. While
there was no consensus as to which term best described individuals
with ID, identifying a unifying term may be beneficial in
preventing confusion and clarifying diagnoses.
Advisors/Committee Members: Matthews, Anne (Committee Chair).

…with mental
retardation or intellectual disability has been a challenge not only for medical… …An act to change references in Federal law to mental retardation to references to
an… …counselors’ use of terminology when describing persons with intellectual
disability/mental… …Rosa’s
Law, and still use the term mental retardation in a clinical setting. It was also… …CHAPTER 3: Background
Mental Retardation/Intellectual DisabilityMental retardation, or more…

This thesis identifies and analyzes the legal barriers faced by ethno-racial psychiatric consumer/survivors in Ontario, through an analysis of the Consent and Capacity Board (CCB).…
(more)

▼

This thesis identifies and analyzes the legal barriers faced by ethno-racial psychiatric consumer/survivors in Ontario, through an analysis of the Consent and Capacity Board (CCB). I employ interdisciplinary research to test the hypothesis that factors such as race, ethnicity, culture, poverty and social exclusion are not fully addressed by the CCB. To critique the CCB, I developed a theoretical framework using the grounded theory approach, in combination with tenets of disability theory, critical race theory and intersectionality. I used the theoretical framework to analyze qualitative research involving twenty interviews of stakeholders including lawyers, psychiatrists, CCB adjudicators, mental health service providers and ethno-racial psychiatric consumer/survivors. The analysis revealed the procedural, systemic/structural and discretionary barriers within the CCB’s pre-hearing, hearing and post-hearing process. Barriers were the result of cultural misunderstandings, misdiagnosis, complex familial relationships, culturally inappropriate care, institutional racism, poverty, discrimination and the CCB’s “color blind approach.” I conclude with prioritized recommendations.

▼ This thesis aims to comparatively assess the Irish government’s national, international
and regional obligations to respect, protect and fulfil children’s access to justice rights
under mental health law, policy and practice. It considers the importance of rights for
children and why children should be viewed as rights-holders. It explores the
Capability Approach, the sociology of childhood and a rights-based approach to
children’s issues. This thesis considers the implications of the European Convention
on Human Rights, the Convention on the Rights of the Child and the Convention on
the Rights of Persons with Disabilities for the development of mental health laws
from a child rights perspective. This research compiles and analyses the relevant
human rights instruments and interpretive sources required for the selection of human
rights standards and indicators for the development in this thesis of a Child Rights
Access to Justice Impact Assessment (CRAJIA) tool. The CRAJIA tool is
underpinned by respected methodological approaches and therefore the information
gathered from its application in this thesis will provide research-based evidence as to
whether children’s access to justice rights are being realised. A number of
recommendations are made to improve the visibility of children and the impact of
their rights when they are admitted for inpatient mental health care and treatment.
This thesis proposes clear and positive improvements for the incorporation of a childfriendly
justice framework in Irish mental health law and policy. It also outlines a
five step process for children’s effective participation in decision-making and ten
principles that should be considered in a best interests assessment. Incorporating the
framework proposed in this thesis will ensure rights translate into practice, thus
ensuring children are empowered and visible in decision-making processes affecting
them.
Advisors/Committee Members: Keys, Mary (advisor).

Moloney, C. (2016). Empowering children and young people: an access to justice assessment of mental health law and policy
. (Thesis). National University of Ireland – Galway. Retrieved from http://hdl.handle.net/10379/6051

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Moloney, Catriona. “Empowering children and young people: an access to justice assessment of mental health law and policy
.” 2016. Thesis, National University of Ireland – Galway. Accessed June 07, 2020.
http://hdl.handle.net/10379/6051.

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Moloney, Catriona. “Empowering children and young people: an access to justice assessment of mental health law and policy
.” 2016. Web. 07 Jun 2020.

Vancouver:

Moloney C. Empowering children and young people: an access to justice assessment of mental health law and policy
. [Internet] [Thesis]. National University of Ireland – Galway; 2016. [cited 2020 Jun 07].
Available from: http://hdl.handle.net/10379/6051.

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Moloney C. Empowering children and young people: an access to justice assessment of mental health law and policy
. [Thesis]. National University of Ireland – Galway; 2016. Available from: http://hdl.handle.net/10379/6051

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation